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H4 Processing for spouse (after H1 transfer)

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  • H4 Processing for spouse (after H1 transfer)

    Hi,
    I will be applying for my wife's H4 in month of DEC.
    I have recently transferred my H1 from comp A to comp B, and they did normal processing so not hoping to get H1 transferred completed before I leave for India.
    I have been told by company's lawyer, that I will not have to re-stamp my H1 as it is valid till 2009. I will be carrying all the paystubs and required documents for H4 along with me.

    I need information on whether I need to go for premium processing which will not affect my wife's H4 stamping or there is no need for having new H1 as it is not mentioned by immigration?

    Your help will be highly appreciated.
    Thanks.

  • #2
    Rephrase your question please. I was not able to make out what it is about.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Hi,
      My question is "I have applied for my H1 transfer(I changed company) recently and in month of DEC my wife is applying for H4, do we require to have my H1 transferred completely before going for H4 stamping? or approval notice and documents from current employer will be sufficient?."

      If it is really required to have new H1 then we can go for premium processing.

      Thanks for your help.

      Comment


      • #4
        Go for premium.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Hi,
          Thanks for quick reply.
          Is it really required for H4 processing?, because lawyer of the company is saying that it is nowhere stated to have new H1 for H4 processing.

          Please advice. Thanks for your help.

          Comment


          • #6
            Consulates ask for your current H1b for approving the H4 even if it not mentioned. They could ask the H4 to return again giving administrative processing. It is your choice.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              thanks for all your help..I think it's better to go for premium processing..that will cost 1000$ though...

              Comment


              • #8
                Hi,
                If we decide to take a risk and go for Interview, in worse case if they ask to come again, within how many days we can apply for second round? After getting my H1 through normal processing?(which I guess takes max 3 months, my H1 transfer is already filed in sep end).

                Your help will be highly appreciated.
                Thanks.

                Comment


                • #9
                  Originally posted by Octus
                  Hi,
                  If we decide to take a risk and go for Interview, in worse case if they ask to come again, within how many days we can apply for second round? After getting my H1 through normal processing?(which I guess takes max 3 months, my H1 transfer is already filed in sep end).

                  Your help will be highly appreciated.
                  Thanks.
                  If the VO asks for the approved H1 I-797, you don't have choice but wait till your the new I-797 and then send your spouse.
                  Check out H1 FAQs first!
                  http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                  Comment


                  • #10
                    H4 Processing for Spouse

                    Hello,

                    Currently I am on H1B in USA from Company X.
                    My family got H4 stamped along with my H1B stamping trhough Company X.
                    However they haven't traveled with me to USA, i.e they are still in my Home country.
                    Now I am planning to move different company Y.
                    The company took a long time to complete its internal process for my H1B transfer and finally applied it a week back.

                    now my question is -
                    Case 1. Whether my family H4 visa would be still valid if i move to Company Y?

                    Case 2. What if I bring my family to USA while I am still on the rolls of Company X, even though my visa transfer to Company Y approved/In Process?

                    Case 3. If its the case 2, is it possible to process their visa transfer to the new company Y after reaching USA?

                    I would really appreciate you guys help in throwing some light on me.

                    Thanks
                    AKR

                    Comment


                    • #11
                      You don't need to process any H4 transfer. They can use the existing visa as long as it is not expired. Make sure that they carry a copy of your H1 approval notice of the employer you work for, during their travel.

                      Comment

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